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(영문) 서울동부지방법원 2014.06.27 2014고단141

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 15, 2014, at around 02:25, the Defendant: (a) committed indecent act by force against the victim, who was working in a D restaurant in Gangdong-gu Seoul Metropolitan Government, by forcing the victim to wear the arms of the victim, and forced the victim to sit up on the back to the lower left, and hump the victim’s knife, and knife the victim’s knife with the victim’s knife’s knife with the victim’s knife with the victim’s knife, one’s own knife, and one’s knife’s knife with the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The fact that the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant has been sentenced three times to imprisonment with labor due to the crime committed against this type, one suspended sentence, and ten times fine is unfavorable to the defendant.

On the other hand, it is clear that the social relationship between the defendant and the victim is clear, such as the fact that the defendant recognizes the crime of this case and reflects it, that the victim has reached an agreement with him, and that he has a family.

Here, the method and result of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the instant crime, Defendant’s age, character and conduct, family environment, etc., shall be determined as per the disposition.

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the relevant agency, as prescribed in Article

The age, occupation, risk of recidivism, motive and progress of the crime, seriousness of the crime, order of disclosure, or order of disclosure, of the defendant exempted from the disclosure order or notification order.